STATE OF NEW YORK
________________________________________________________________________
8845
IN SENATE
July 29, 2020
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the transportation corporations law and the public
service law, in relation to authorizing broadband franchises in cities
with a population of one million or more
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 27 of the transportation corporations law, as
2 amended by chapter 840 of the laws of 1977, is amended to read as
3 follows:
4 § 27. Construction of lines. 1. Any such corporation may erect,
5 construct and maintain the necessary fixtures for its lines upon, over
6 or under any of the public roads, streets and highways; and through,
7 across or under any of the waters within the limits of this state, and
8 may erect, construct and maintain its necessary stations, plants, equip-
9 ment or lines upon, through or over any other land, subject to the right
10 of the owners thereof to full compensation for the same. If any such
11 corporation can not agree with such owner or owners upon the compen-
12 sation to be paid therefor, such compensation shall be ascertained in
13 the manner provided in the eminent domain procedure law. Any such corpo-
14 ration is authorized, from time to time, to construct and lay lines of
15 electrical conductors under ground in any city, village or town within
16 the limits of this state, subject to all the provisions of law in refer-
17 ence to such companies not inconsistent with this section; provided that
18 such corporation shall, before laying any such line in any city, village
19 or town of this state, first obtain from the common council of cities,
20 or other body having like jurisdiction therein, the trustees of
21 villages, or the town superintendents of towns, permission to use the
22 streets within such city, village or town for the purposes herein set
23 forth. Nothing in this section shall limit, alter, or affect the
24 provisions or powers relating or granted to telegraph corporations here-
25 tofore created by special act of the legislature of this state, except
26 in so far as to confer on any such corporation the right to lay elec-
27 trical conductors under ground.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16882-01-0
S. 8845 2
1 2. (a) Notwithstanding anything to the contrary in this section,
2 compensation to cities with a population of one million or more for use
3 and occupancy of public rights-of-way by lines of any such corporation
4 (whether of electrical conductors or telecommunications lines which are
5 not conductors, such as fiber optic lines) heretofore or hereafter
6 located within such cities shall equal the amount set forth in subdivi-
7 sion three of section ninety-nine-a of the public service law, except
8 that with respect to any such city and corporation that enters into a
9 franchise agreement in accordance with the terms of such city's charter
10 regarding franchise agreements such compensation shall be as provided in
11 such franchise agreement during the term of such franchise agreement.
12 (b) To the extent that any entity holds rights preexisting the effec-
13 tive date of paragraph (a) of this subdivision with respect to the occu-
14 pancy of public rights-of-way for certain lines of electrical conduc-
15 tors, and to the extent such preexisting rights would bar the
16 application of paragraph (a) of this subdivision to such lines, then
17 paragraph (a) of this subdivision shall not apply to those lines to
18 which such bar would be applicable.
19 § 2. The public service law is amended by adding a new section 99-a to
20 read as follows:
21 § 99-a. Franchises in cities with a population of one million or more.
22 1. (a) The owner of communications lines located within the public
23 rights-of-way in any city with a population of one million or more that
24 uses such lines for the provision of information services shall pay to
25 such city the compensation amount, except that with respect to any such
26 city and owner that have entered into an unexpired franchise agreement
27 or revocable consent agreement (whichever may be applicable under such
28 city's charter) for the use of public rights-of-way to provide informa-
29 tion services in accordance with the terms of such city's charter
30 regarding such franchise agreements or revocable consent agreements such
31 compensation shall, for the term of such franchise agreement or revoca-
32 ble consent agreement, be as provided in such franchise agreement or
33 revocable consent agreement.
34 (b) Notwithstanding paragraph (a) of this subdivision, to the extent
35 that with respect to a communications line the owner has paid compen-
36 sation to the city in accordance with subdivision two of this section
37 with respect to a particular period, the amount of such payment shall
38 constitute a credit against the payment due with respect to that period
39 under this subdivision.
40 2. (a) The owner of communications lines located within the public
41 rights-of-way in any city with a population of one million or more that
42 uses such lines for the provision of telecommunications services shall
43 pay to such city the compensation amount, except that with respect to
44 any such city and owner that have entered into an unexpired franchise
45 agreement or revocable consent agreement (whichever may be applicable
46 under such city's charter) for the use of public rights-of-way to
47 provide telecommunications services in accordance with the terms of such
48 city's charter regarding such franchise agreements or revocable consent
49 agreements such compensation shall be as provided in such franchise
50 agreement or revocable consent agreement.
51 (b) Notwithstanding paragraph (a) of this subdivision, to the extent
52 that with respect to a communications line the owner has paid compen-
53 sation to the city in accordance with subdivision one of this section
54 with respect to a particular period, the amount of such payment shall
55 constitute a credit against the payment due with respect to that period
56 under this subdivision.
S. 8845 3
1 3. (a) The compensation amount applicable to each communication line
2 occupying public rights-of-way for each full calendar year of such occu-
3 pation shall be calculated by multiplying the number of linear feet such
4 line occupies in the public rights-of-way by the per foot fee. The per
5 foot fee with respect to communications lines within any county shall be
6 calculated by dividing the franchise fee paid by the primary cable fran-
7 chisee in such county to the local franchising authority during calendar
8 year two thousand twelve by the number of linear feet which occupied the
9 public rights-of-way within such county during calendar year two thou-
10 sand twelve and which were used by such primary cable franchisee for the
11 provision of cable television service. The primary cable franchisee in a
12 county is the entity holding a franchise from the applicable local fran-
13 chising authority authorizing the provision of cable television service
14 within such county; provided that to the extent that there is more than
15 one such entity in a county then the primary cable franchisee for such
16 county shall be the entity that paid the highest total amount of fran-
17 chise fees applicable to its cable television service within such county
18 during calendar year two thousand twelve.
19 (b) Notwithstanding paragraph (a) of this subdivision, with respect to
20 any entity which holds a cable television franchise, the amount of fran-
21 chise fees paid by such entity with respect to those lines within its
22 applicable franchise area which lines are used for the provision of
23 cable television service shall constitute a credit against the total
24 compensation amount payable with respect to such lines, and further that
25 in no event shall the total compensation amount required to be paid by
26 any entity that holds a cable television franchise agreement exceed the
27 maximum amount, with respect to lines which are used for the provision
28 of cable television service, permitted to be charged under federal law.
29 4. Cities with a population of one million or more are hereby author-
30 ized, to adopt, to the extent not inconsistent with state law, with
31 respect to telecommunications services, requirements necessary to
32 preserve and advance universal service, protect the public safety and
33 welfare, ensure the continued quality of telecommunications services,
34 and safeguard the rights of consumers, as a delegee of the authority
35 described in title 47, section 253(b) of the United States Code or any
36 successor provision thereto. Such requirements may be adopted by local
37 law or rule or pursuant to contracts or agreement, to the extent
38 consistent with the applicable city charter.
39 5. For the purposes of this section, "communications lines" shall mean
40 cable, wire, fiber or other closed path transmission medium that may be
41 used in lieu of cable, wire or fiber for the same purposes, and related
42 equipment and facilities used for the provision of one or more of the
43 following services: telecommunications services, information services
44 and cable television services (each of which is defined for purposes of
45 this section as it is defined in title 47 of the United States Code).
46 § 3. This act shall take effect on the ninetieth day after it shall
47 have become a law. Effective immediately, the addition, amendment and/or
48 repeal of any rule or regulation necessary for the implementation of
49 this act on its effective date are authorized to be made and completed
50 on or before such effective date.
